Page:United States Reports, Volume 2.djvu/76

 yo Cases ruled and adjudged in the 1190- jér jive dayr, mentioned in the aft, that the tenant might have the izwsl opportrrnity of replevying them, in the fame plight in which they were when rellraincd. If that was the conllruflion of the lla- tute of William, the like conltruélion will hold under our afi: l of Aifembly, which follows the words of the Ratute. Even at l common law, goods dillrained might be left on the premifes, for areafonable time. In the prefent cafe, they were left but one ` day, before they were removed by the tenant hirnfelf,. and they were quickly followed, and appraifed in the houfe to which they were removed. By the afi: of A llembly they could not be appraifed till live days after the dillzrefs, they were a€tually appraifed with- in eight days, though clandellinely removed by the tenant, in breach, by the owner of the goods, the dillrainor may have his aélion de parro_f}·a¢‘?.2, or may tak tbz good: dgfrained wbercwrbe Jimi: them, and impound them again; Ca Lit. 47. L. 1 Ro!. Ab. 674; rz Mad- 66r. The following the goods and making the appraifement, in fo fhort a time, under the direélions of the Ollicer who made the dillrefs, was all that could be reafonably expeéted from the landlord, who ought not to be defeated of his remedy, by the unlawful aét of the tenant. If not defeated as a- gainft the tenant, he could not be defeated as againft the firfl: diltrainor, who had no better right than the tenant himfelf had, unlefs his original lien had continued. The judgment for a return in favor of the_ lirll; dillrainor, the ilfuing the writ of rctmm babemla, and the ‘ taking of the goods under it by the Sheriili were all [ubfequent to the fecond dif- trefs and appraifement, and before the diflrainor could by law expofe them to fale. We therefore think, there was no default . in him, that the goods were in cayladia legis, fubjeél: to his lien, and were, confequently, wrongfully taken by the defendant, un- der the writ of mama babmdo. Pownu. ·uBrm>r.r, adminylrator de bmi: um iv':. of S. Mrrrtm. I HIS was an aflion of debt to recover a lcgac, under the #2’b·T following circumllances. The teflator by his lail will p  and teltament bequeathed “ unto his friend Samuel Powell, (fon . ° of Samuel Powell, of the City of Pbiladzlobiu, Carpenter), the I ara fum of £ 100 in fpecie, to be put out to iutercll by his executors; the whole principal and interell to be paid to the faid Samuel Pctuell, when he {hall attain 21 years of age : But iu cafe he {hall depart this life, in his minority, or before the {aid legacy be paid to him, then the fame to link ruto the refidue of the teila- i tor'.; cllatc, &c." At the trial of thc caufc, evidence was offer. ` ‘ cd, l
 * the mean time. By the common law, in the cafe of a pound

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